Changing Agents

[malk]

Thanks for the replies.


As for the new agency, how do I decide which is best?
Steria, Hays, Parity, someone else

Any tips on maximising my rate in the transition, after all I'm bringing the client to the agency, I've built the relationship, this could be a foot in the door for them so surely I should get a bigger slice.

A coupe of things Steve, I used Hays and was lucky enough to have an exemplary contact in the company who still keeps in touch at a personal level even after over a year with a different agency. They paid invoices quickly and are the best of 3 agencies that I have used so far (the others are not on your list). A colleague used Parity and it seemed OK.
As for negotiating anything, I have never found this easy. Hayes handled a request for a pay increse on my behalf and the agency I was with recently were absolute rubbish. They hold onto money and when I found mysef a different contact with the same client and negotiated an increase they just complained and said that I should not be negotiating pay. I just told them to be quiet and said thet I found the job and I'd do what I liked. Due to the 90 day clause I still had to use them but would never do so again given a choice. They will have to remain unnamed but are not in your list.
I heard that BT cancelled all contracts a few years back and set up Hays (coincidentally) as sole supplier so there would have been many many ontractors that went through your issue. If your contractor forces you to 'lose' your job them they would have major court problems I suggest. Just get your new agency (e.g. Hays) to sort it out for you.
No agancy dare get a bad reputation !

[Not So Wise]

Are you saying the agency may be able to stop the client employing me though another agency?

As you will have wording in your contract preventing you for working for client via alternative routes for X amount of time (generally this is 6 months but unless properly opted out, which is unlikely, it is really only 6 weeks), there will most likely be similar wording in the agency/client contract preventing them from hiring you via alternative routes for same time period

Now your "out" in this scenario is client will not longer deal with agency, something totally beyond your control, thus while you would be breaking the letter of the contract, agency would have no real come back against you as there would be no loss of income incurred by them by your actions, thus they could only really sue you for £0.00

The same would not apply in the agency/client relationship though, because it is the clients decision alone that would bring about scenario, thus it is a lot more complicated (and risky) for client to circumvent the contract in this manner. Sure if client has good enough lawyers they will probably win, but is any individual contractor really worth the risk, effort and cost?

Hence why most of time if they cannot reach some agreement with agency, clients normally say sod it and terminate contract and get another contractor

[deckster]

Are you saying the agency may be able to stop the client employing me though another agency?

No, but they can kick up enough of a stink to make just letting you go the client's easiest option.

[crashbandicoot]

of coruse agency will have a clause in their contract with the client to prevent you working there directly or through any other agency.

you wouldnt expect to hire a car and then just have it for free at the end of the lease, would you??

the agency will do very little legally to you - especially in this situation as its not really your fault.

They have 2 options really, they can either place you through another agency and split the cut with them. this would allow you to still contract through your original agency, and the client would have a contract with their PSL agency.

Or if there is no sign of working with that client again for them, they will pursue them for a fee, usually 12 weeks worth of your daily rate. Unless they are tinpot and couldnt afford a court case.

[steve2k]

Though seen similar situations a few times and normally everything falls to pieces once the client lawyers review the client/agency contracts (which normally they never do until the threats start coming from the agency) and realise they cannot keep the contractor due to contract T&C's or just consider it not worth the hassle of fighting the agency

Are you saying the agency may be able to stop the client employing me though another agency?

[Not So Wise]

Thanks for the replies.

This is my first contract, and therefore first dealing with an agency. Is the best policy to be open and up front with my current agency and tell them that the client won't extend with them? They've so far been very friendly.

Honestly be surprised if client has not already told them. Try to get something from client about agency not being on supplier list and go to agency with that, if you cannot I would say tell agency anyway

BUT, be prepared for the tulip to hit the wall all around, agency will be pissed at client and yourself and most likely start threatening everyone (if they have any brains though will not start doing that until they are sure they cannot get on the list), take all their threats with a pinch of salt, see if client is going to ignore them and then consult a lawyer yourself if your feel you have any doubts about your own standing with going via another agency

While you should be in the clear legally/financially if you work for client via another agency (as deckster explained) client most likely will not be, but that is their problem, not yours so I would not even mention it to them if I was you

Though seen similar situations a few times and normally everything falls to pieces once the client lawyers review the client/agency contracts (which normally they never do until the threats start coming from the agency) and realise they cannot keep the contractor due to contract T&C's or just consider it not worth the hassle of fighting the agency

[weemster]

It happened to me when I was at the MoD, I was contracted to Modis but had to switch to Elan when EDS took over as Modis weren't on EDS's list, god knows why as Modis have been the most professional of the agency I've worked with.

They clearly wouldn't fit in with the way EDS work then

[steve2k]

Thanks for the replies.

This is my first contract, and therefore first dealing with an agency. Is the best policy to be open and up front with my current agency and tell them that the client won't extend with them? They've so far been very friendly.

As for the new agency, how do I decide which is best?
Steria, Hays, Parity, someone else

Any tips on maximising my rate in the transition, after all I'm bringing the client to the agency, I've built the relationship, this could be a foot in the door for them so surely I should get a bigger slice.

[pmeswani]

But I was under contract with Modis so I assume they got some remuneration for loss of business, I wasn't suggesting that Elan paid to take the contract, it would have been compensation.

I don't think Elan would have provided Modis with any compenstation. The decision was with the client and not with the agency. So why should the Agency pay for the actions of the client?

[gingerjedi]

Elan are EDS's Preferred Recruitment Agent. I doubt that they would have paid Modis off, especially as Modis is not on the preferred agency list.

But I was under contract with Modis so I assume they got some remuneration for loss of business, I wasn't suggesting that Elan paid to take the contract, it would have been compensation.

[pmeswani]

It happened to me when I was at the MoD, I was contracted to Modis but had to switch to Elan when EDS took over as Modis weren't on EDS's list, god knows why as Modis have been the most professional of the agency I've worked with.

I didn't have to do anything as they sorted it out amongst themselves, I assume Elan paid Modis off?

Elan are EDS's Preferred Recruitment Agent. I doubt that they would have paid Modis off, especially as Modis is not on the preferred agency list.

[gingerjedi]

It happened to me when I was at the MoD, I was contracted to Modis but had to switch to Elan when EDS took over as Modis weren't on EDS's list, god knows why as Modis have been the most professional of the agency I've worked with.

I didn't have to do anything as they sorted it out amongst themselves, I assume Elan paid Modis off?

[deckster]

Happens surprisingly often, this. The agency will bitch like hell and more than likely threaten you with legal action, but in reality there isn't anything they can do. Certainly when it happened to me a few years back, the agency were all over me telling me how many people they had taken to court and how my reputation would be mud - I told them to bring it on and they mysteriously vanished.

The key thing is that they can only protect their 'legitimate business interests', and they can only sue you for actual losses. Given that the client has chosen to no longer do business with them, they have no business interest to protect. Furthermore, as the client will no longer do business with them they will suffer no financial loss by you not working through them, so they can sue you for precisely nothing.

Just go with the client. They hold all the cards and whilst the agency will give you a rough time there is nothing they can actually do here.

[steve2k]

I've been told by my current client that as my agency is not on their preferred supplier list they would be unable to process an extension. They hinted that they would like to give me an extension, but they would probably have to go out to their preferred supplier list.

So, the only option I have is to leave my current agency and go via one of their preferred suppliers.

I'm sure my current contract says I can't do this (I'll need to check), but I wonder if this is legally enforceable. Surely my agency cannot prevent me from earning a living.

Has anyone else done this, is this a common thing? If so, how do I go about doing this and what are my options.

Would I get a preferential rate from the Agency? I am basically coming to them with a client and a contract and they just have to process the paperwork.

Thanks in advance for any advice.